6. Bill of sale given by way of security void in certain cases
Feedback & supportSubject and without prejudice to the other provisions of this Act for invalidating bills of sale, every bill of sale made or given by way of security for the payment of money by the grantor thereof shall be void in the following cases:
bill of sale
“bill of sale” includes bills of sale, assignments, transfers, declarations of trust without transfer, inventories of goods with receipt thereto attached, or receipts for purchase moneys of goods, and other assurances of personal chattels, and also powers of attorney, authorities, or licences to take possession of personal chattels as security for any debt, and also any agreement, whether intended or not to be followed by the execution of any other instrument, by which a right in equity to any personal chattels, or to any charge or security thereon, shall be conferred, but does not include the following documents:(a)assignments for the benefit of the creditors of the person making or giving the same;(b)antenuptial marriage settlements;(c)transfers or assignments of any ship or vessel or any share thereof;(d)transfers of goods in the ordinary course of business of any trade or calling;(e)bills of sale of goods in foreign parts or at sea;(f)bills of lading, warehouse-keeper’s certificates, warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of such documents to transfer or receive goods thereby represented;
if the amount the payment of which is thereby secured is less than $100;
if it is not made in the form set out in the First Schedule;
if it is made or given wholly or in part in consideration of a pre-existing debt.